Terms and Privacy
THE MEMORIAL POST
(Last updated September 15, 2014)
This is an agreement between you and TMP Publishing Corp. (“TMP” or “we” or “our” or “us”) which governs your access to and use of the TMP website.
By viewing, using or posting an obituary to the TMP website, you agree to be bound by these Terms. If you are using the TMP website on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization as well as the individual user.
You may use the TMP website only in compliance with these Terms and all applicable local, provincial, national and international laws, rules and regulations. You may use the TMP website only if you have the power to form a contract with TMP and are not barred under any applicable laws from doing so.
If you do not accept these Terms, please do not use the TMP website. If you use the TMP website from a country other than Canada, you are still responsible for compliance with these Terms.
2.Accessing the site and Account Security
We reserve the right to withdraw or amend, even dramatically, the TMP website, and any service or material we provide on the TMP website, in our sole discretion and without notice. While we will endeavour to make the TMP website available at all times, we will not be liable if for any reason all or any part of the TMP website is unavailable at any time or for any period.
The TMP website is not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to TMP that you are over 13 years of age.
If you set up an account on the TMP website, you will be provided with a secure user name, password and other information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security of the TMP website which you become aware of. You also agree to ensure that you exit from your account using the proper sign-out procedures at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
When registering for an account on the TMP website or otherwise, you may be asked to provide to TMP certain registration details or other information. It is a condition of your use of the TMP website that all information you provide on the TMP website is correct, current and complete.
We have the right to disable any user identification code or password, whether chosen by you or provided by us, and otherwise terminate your right to use the TMP website, at any time in our sole discretion for any or no reason, including without limitation if in our opinion you have failed to comply with any provision of these Terms.
3.TMP’s Intellectual Property
The TMP website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and all intellectual property rights therein, are owned exclusively by TMP, its licensors or other providers of such material and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The trademarks, logos, service marks and other names and icons identifying products and services on the TMP website are registered and unregistered trademarks of TMP and others, and, except as expressly permitted by these Terms, may not be reproduced without our prior written consent.
TMP hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to view, copy and print the documents, related graphics and materials published on the TMP website subject to the following limitations and other conditions:
you may take temporary copies necessary to browse the TMP website, and unless otherwise stated, you may download or print a single copy of the content on this site for personal uses only;
you must not modify any content on or obtained from the TMP website (other than your User Content);
you must retain all copyright and other proprietary notices included in any content obtained from the TMP website;
you may not modify in any way documents, related graphics or materials available on the TMP website (other than your User Content);
you may not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the TMP website; and
you must obtain our prior written consent to copy or display any portion of the content on the TMP website for redistribution to third parties or for commercial purposes.
If you wish to make any use of material on the TMP website other than as set out in this section, please address your request for consent to email@example.com.
If you use any part of the TMP website in breach of these Terms, your right to use the TMP website will cease immediately and you must destroy any copies of the materials you have made. No right, title or interest in or to the TMP website or any content on the TMP website is transferred to you under these Terms or otherwise, and all rights not expressly granted are retained by TMP. Any use of the TMP website not expressly permitted herein is a breach of these Terms and may violate copyright, trademark and other laws.
4.Intellectual Property Rights of Others
TMP respects the intellectual property rights of others and expects users of the TMP website to do the same. Please do not copy, upload, download or share content or data unless you have the right to do so. You, not TMP, are fully responsible and liable for what you copy, share, upload, download or otherwise use while using the TMP website.
We reserve the right to remove any content submitted to or through the TMP website which is in violation of the intellectual property rights of others, without prior notice and at our sole discretion. In appropriate circumstances, TMP will also terminate a user’s account if the user is determined to be a repeat violator.
If you believe that any content on the TMP website violates your copyright, please contact us at firstname.lastname@example.org for instructions or send us a notice of copyright infringement. It is the policy of TMP to terminate the user accounts of repeat infringers.
You may use the TMP website only for lawful purposes and in accordance with these Terms. You agree NOT to use the TMP website:
in any way that violates any applicable local, provincial, national or international law, rule or regulation;
to send, upload, download, use or re-use any material which does not comply with the Content Standards set out below;
to transmit, or procure the sending of, any mass advertising or direct solicitation material;
to impersonate or attempt to impersonate TMP or a TMP employee, another user, or another person or entity (including, without limitation, the use of e-mail addresses or screen names associated with or confusingly similar to any of the foregoing);
to post an obituary for an individual who is not deceased or who was not either a family member or a close personal friend;
to engage in any commercial activities or copy any content for republication, in a newspaper, online or otherwise;
to engage in any activities intended to withhold or cloak identity or contact information;
to engage in any Internet activities that would violate the privacy rights of others; or
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the TMP website, or which, as determined by us, may harm TMP or users of the TMP website or expose them to liability.
Additionally, you agree NOT to:
use the TMP website in any manner that could disable, overburden, damage or impair the TMP website or interfere with any other party's use of the TMP website;
use the TMP website to send harassing and/or threatening messages to others;
use any robot, spider or other automatic device, process or means to access the TMP website for any purpose, including monitoring or copying any of the material on the TMP website;
use any manual process to monitor or copy any of the material on the TMP website or for any other unauthorized purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the TMP website;
introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
attempt to penetrate security measures of the TMP website or obtain or bypass others’ passwords or information;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the TMP website, the server on which the TMP website is stored, or any server, computer or database connected to the TMP website; or
attack the TMP website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the TMP website.
The TMP website contains user-generated obituaries and other content, and also may contain message boards and other interactive features that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the TMP website.
All User Content must comply with the Content Standards set out below.
Other than the license described below, we claim no intellectual property rights over the User Content. Your profile, obituary postings and materials uploaded remain yours. However, you agree that your User Content will be treated as non-confidential and non-proprietary and you agree to allow others to view, comment and link to your User Content. You hereby grant to TMP a perpetual, irrevocable, paid-up, worldwide license to use, copy, distribute and disclose to third parties any such User Content for the purposes of providing the products and services offered on the TMP website, administering, monitoring and controlling the use of the TMP website, improving the TMP website, enforcing these Terms and for any other purpose required to comply with applicable laws, rules and regulations. If you request that any of your User Content be removed from the TMP website, we will endeavour to block public access to that User Content but will retain copies of such User Content and may use those copies for our internal business purposes or to comply with applicable laws, rules and regulations. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant to TMP the license described above. You represent and warrant that all of your User Content does and will comply with these Terms.
Any feedback, comments or suggestions you may provide regarding TMP and/or the TMP website is entirely voluntary and we reserve the right to use or not use such feedback, comments or suggestions without obligation.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not TMP, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any User Content uploaded, expressed or submitted to the TMP website, other than the content provided by TMP, is solely the opinion and the responsibility of the person or entity submitting it and does not necessarily reflect the opinion of TMP. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the TMP website.
The content standards set out in this section (the “Content Standards”) apply to any and all User Content. User Content must comply with all applicable local, provincial, national and international laws, rules and regulations. Without limiting the foregoing, User Content must NOT:
contain any material which is defamatory, libelous, tortuous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of another’s privacy or otherwise objectionable;
contain sexually explicit or pornographic material, including obscene or lewd graphics or photographs; promote the exploitation of minors, human trafficking, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise;
contain any advertising or promotional materials or otherwise be posted for commercial purposes, including any ad for products or services;
infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person, including without limitation TMP;
violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
be likely to deceive any person, including TMP;
promote any illegal activity, or advocate, promote or assist any unlawful act;
cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person, including the family members of a deceased individual;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization, including a person who is the subject of an obituary;
contain personally identifiable information not belonging to you, including any personal information belonging to minors, or personal information which you do not have permission to use in connection with the TMP website; or give the impression that such User Content emanates from TMP or any other person or entity other than the person posting such User Content.
8.Monitoring and Enforcement of User Content TMP has the right to do one or more of the following:
remove or refuse to post any User Content for any reason whatsoever, including a violation of these Terms or upon receipt of a reasonable request by a family member of a deceased individual, all as determined in our sole discretion; block public access to your User Content at your request; take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of TMP or a third party, threatens the personal safety of users of the TMP website or the public or could create liability for TMP; disclose user identities when required to do so by applicable law, including in response to a law enforcement request supported by a valid court order; and terminate your access to all or part of the TMP website for any or no reason, including without limitation, any violation of these Terms.
You release, waive and hold harmless TMP from any claims resulting from any action taken by TMP during or as a result of its investigations and from any actions taken as a consequence of investigations by either TMP or law enforcement authorities.
We do not undertake to review any User Content or other material before it is posted on the TMP website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user of the TMP website or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
9.The TMP website is Available "AS-IS"
Your use of the TMP website is at your own risk. You understand and agree that the TMP website is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, TMP AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES DISCLAIM ANY WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, UNINTERRUPTED OR ERROR-FREE OPERATION, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENCY, SECURITY, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. TMP, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES, ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS.
TMP IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. TMP DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE TMP WEBSITE. ACCESSING THE TMP WEBSITE FROM TERRITORIES WHERE SUCH ACCESS MAY BE ILLEGAL IS PROHIBITED.
TMP WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE TMP WEBSITE. YOU ALSO AGREE THAT TMP HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY USER CONTENT OR COMMUNICATIONS MAINTAINED BY THE TMP WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TMP OR THROUGH THE TMP WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TMP, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE TMP WEBSITE; (ii) ANY CONDUCT OR USER CONTENT OF ANY THIRD PARTY ON THE TMP WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE TMP WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TMP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE TMP WEBSITE.
You agree at all times to indemnify TMP and its directors, officers, employees, agents, partners, licensors and affiliates against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by TMP directly or indirectly in respect of (i) your violation of the Terms; (ii) your User Content; or (iii) your use of the TMP website, or any other person accessing the TMP website using your account.
12.Links to Other Sites
The TMP website may contain links to third party websites or resources. You acknowledge and agree that TMP is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement, approval, association or sponsorship by TMP of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
13.Extended access to third party websites
When you enable access to third party websites such as Facebook, Twitter, LinkedIn or others (each, a “Third Party Website”) through the TMP website, the specific terms in this section apply in addition to the other terms and conditions set out in these Terms.
You represent and warrant that you have unconditionally agreed to the terms and conditions of the applicable Third Party Website, as they may be amended from time to time. You agree to comply with such terms and conditions while using the TMP website. In particular, and without limiting the generality of the foregoing:
you agree that TMP may delete or otherwise refuse to accept or process any or all User Content in its possession upon receiving notification from a Third Party Website or another person, including another user of a Third Party Website, that such User Content violates these Terms or the terms and conditions of the Third Party Website;
you acknowledge that a Third Party Website may limit or prevent TMP’s access to the Third Party Website and that access to the Third Party Website may not be free now or in the future. The disclaimer and limitation of liability contained herein apply equally to such events as with other aspects of the TMP website; and
if required by a Third Party Website, you will not incorporate any photos or other materials from that Third Party Website in an obituary created for or posted on the TMP website.
15.Fees, Currency and Refund Policy
Unless stated otherwise, all pricing on the TMP website is shown in Canadian dollars. We accept the following forms of payment: [VISA, MasterCard, Interac, Money Order or Money Transfer.]
Claims for refunds or credit will be considered by TMP on a case-by-case basis, but under no circumstances will TMP be obligated to provide a refund or credit, including without limitation in the event that your obituary is cancelled, you misplace your obituary or your obituary or User Content is removed from the TMP website for violation of these Terms. If TMP determines in its sole discretion to offer a refund or credit in respect of an amount paid by you (or a portion thereof), it will notify you and such refund or credit will be provided on any terms and conditions imposed by TMP at the time such notification is delivered to you. All claims for refunds or credit should be delivered to email@example.com.
TMP may revise these Terms from time to time at its sole discretion. The most current version of these Terms will govern your use of the TMP website and will always be located here. We display a “last updated” date at the top of these Terms so that it will be easier for you to know when there has been a change. Accordingly, you should check these Terms on a regular basis. By continuing to access or use the TMP website after these Terms have been updated, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the TMP website.
17.Miscellaneous Legal Terms
By accessing the TMP website, you agree that all matters relating to your use of the TMP website and these Terms will be governed by the laws of British Columbia and the federal laws of Canada applicable in British Columbia. You further agree and hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of British Columbia with respect to any disputes. Notwithstanding the foregoing, you are responsible for complying with your own local laws.
The failure of TMP to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any provision of these Terms will be binding on TMP unless executed by TMP in writing. No waiver of any of the provisions of these Terms will be deemed or will constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver unless otherwise expressly provided.
In the event that any provision of these Terms is held to be invalid or unenforceable, that provision will be severed from the balance of these Terms, and the remaining provisions of these Terms will remain in full force and effect.
You may not assign any of your rights under these Terms, and any such attempt is void. TMP may assign its rights to any of its affiliates, subsidiaries or any purchaser of assets relating to the TMP website.
18.Questions / Comments
If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org.
Please report any violations of these Terms to email@example.com.